S21 or S8 but no EPC – Which will be quicker?

by Readers Question

11:32 AM, 28th November 2016
About 2 years ago

S21 or S8 but no EPC – Which will be quicker?

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S21 or S8 but no EPC – Which will be quicker?

Please be gentle as this is my first post, especially when you get to to EPC part.timescales

I have a DSS tenant who is 3 months overdue on her rent. I served S21 and S8 notices a few weeks ago. The s8 notice is due to expire on 29th November and the s21 notice on the 21st January 2017.

Which route timeline would be quicker s8 starting 30th November or s21 starting 21st January? I’m not worried about a money order as she is DSS.

I’ve always thought it was quicker to evict on a S21 accelerated route then a s8 especially with the courts shutting down over Christmas (Birmingham County). However the tenant wasn’t issued with an EPC. I always meant to get around to doing one but never did as she was a family friend and desperate to move in.

I have since tried to get an EPC done but she is refusing access. The tenancy was granted in July 2015 prior to the new regulations on s21 and EPC’s which were brought in in October 15 so I’m hoping that it wouldn’t get kicked out on that ground.

Does anyone have a projected timeline?

Thanking you in advance.

Danny



Comments

Neil Patterson

11:58 AM, 28th November 2016
About 2 years ago

From Paul Shamplina's Article on the Deregulation Act >> https://www.property118.com/what-does-the-deregulation-act-2015-mean-for-landlords/87201/

Deregulation act 2015 section 21

On 1 October 2015 further provisions in the Deregulation Act 2015 came into force to protect tenants against unfair eviction when they have raised a legitimate complaint about the condition of their home.

The legislation also requires landlords to provide all new tenants with information about their rights and responsibilities as tenants. This information includes such detail that a landlord cannot serve a Section 21 notice unless they have complied with certain legal responsibilities.

The government also introduced a new standard form that landlords must use when evicting a tenant under the ‘no fault’ (section 21) procedure. This makes it more straightforward for landlords to evict a tenant where it is legitimate to do so.

These provisions apply to all new assured shorthold tenancies that start on or after 1 October 2015. However, as of 1 October 2018 the provisions will apply to all ASTs in existence at that time.

1. Compliance with prescribed legal requirements

A Section 21 notice may not be given if the landlord is in breach of any legislation which relates to any of the below.

The condition of dwelling houses or their common parts
The health and safety of occupiers of dwelling-houses
The energy performance of dwelling-houses.

This means all landlords must provide tenants with an EPC and a Gas Safety Certificate before the tenancy begins. If at a later date the landlord wants to serve a Section 21 notice on a tenant, he will need to prove the tenant has been provided with these two documents. If they don’t do this then the landlord wont be able to use the section 21 notice.

Neil Patterson

12:01 PM, 28th November 2016
About 2 years ago

Please also see our tenant eviction page >> https://www.property118.com/tenant-eviction-2/

Luke P

12:30 PM, 28th November 2016
About 2 years ago

Serve the EPC, then serve S.21. Don't bother with S.8, as the Judge has jurisdiction and can pretty much do with the tenancy what they like, whereas with S.21 (provided your paperwork is correctly filled out) they can only grant an extension of up to 42 days in exceptional circumstances.

Proof of Posting, by hand and recorded delivery if you need to with the EPC.

Alex Pawlowski

13:44 PM, 28th November 2016
About 2 years ago

Hello Danny, we all make mistakes, I recently had a landlord approach me with the same situation, we went to court on a section 8 and were granted possession. I now manage all four of his properties.
As I see it, you would not be able to use a section 21 as this is non fault and you would need to produce all of the necessary paperwork.
Using a section 8, grounds 8,10 & 11 you are stating a breach of contract and would not require the EPC. I was not asked for it.
But please tell me you have an AST, deposit protection cert. and right to rent if they moved in after February 2016.
Alex Paul.

Gary Nock

14:30 PM, 28th November 2016
About 2 years ago

Probably the Section 21 route given Section 8 and the Xmas break. As the tenancy commenced before the Deregulation Act then non-service of an EPC shouldn't make any difference. The fact she won't allow access is an indication that she will not go quietly. Once 2 months notice expires then apply to the court for possession. Should be through in about 3 weeks. Then get the bailiffs sorted ( 14-28 days) or High Court Enforcement officers might be quicker. You might have possession end of Feb if all goes well.


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